DEFENDANTS OPERATE A GOLD PLACER MINE NEAR CENTRAL, AK WHICH DISCHARGES POLLUTANTS TO DEADWOOD CREEK. THE MINE WAS INSPECTED BY EPA IN JULY 1985. AS A RESULT OF THAT INSPECTION, EPA DETERMINED THAT DEFENDANTS WERE DISCHARGING POLLUTANTS TO WATERS OF THE U S IN VIOLATION OF THE EFFLUENT LIMITATIONS REFLECTED IN THE NPDES PERMITS ISSUED BY EPA TO PLACER MINERS IN ALASKA. THE SPECIFIC EFFLUENT LIMITATIONS WHICH WERE VIOLATED WERE THOSE FOR SETTLEABLE SOLIDS, TURBIDITY AND ARSENIC. FURTHER, BASED UPON STATEMENTS MADE BY THOMPSON, DEFENDANTS FAILED TO COMPLY WITH THE MONITORING REQUIREMENTS FOR SETTLEABLE SOLIDS AS SET FORTH IN THE PERMITS. RESEARCH OF EPA'S NPDES PERMITTING FILES ESTABLISHED THAT DEFENDANTS HAD NOT BEEN ISSUED AN NPDES PERMIT AUTHORIZING DISCHARGES TO DEADWOOD CREEK IN EITHER 1984 OR 1985. HOWEVER, PERMITS HAD BEEN ISSUED TO THE CLAIM OWNER(KNAEBEL) AND OTHER PREVIOUS LEASEHOLDER OF THE CLAIMS (BERGELIN). BECAUSE IT IS UNKNOWN WHETHER DEFENDANTS WILL CLAIM TO BE OPERATING UNDER AUTHORITY OF A PERMIT ISSUED TO KNAEBEL OR BERGELIN, EPA FINDS THAT DEFENDANTS ARE IN VIOLATION OF SEC 301 OF CWA, 33 USC FOR DISCHARGING POLLUTANTS WITHOUT FIRST BEING ISSUED AN NPDES PERMIT, THE ALTERNATIVE, DEFENDANTS ARE IN VIOLATION OF SEC 301 OF CWA DISCHARGING AND FAILING TO MONITOR IN VIOLATION OF AN APPLICABLE PERMIT. BASED UPON INFORMATION SET FORTH IN A